Underwater Cultural Heritage Act 2018 (Cth)

Underwater Cultural Heritage Act 2018

No. 85, 2018

Compilation No. 2

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Underwater Cultural Heritage Act 2018 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Introduction Division 1—Preliminary 1 Short title 2 Commencement 3 Objects of this Act 4 Simplified outline of this Act 5 Extension to external Territories 6 This Act binds the Crown 7 Extraterritorial operation of this Act 8 Geographical application of offences Division 2—Definitions 9 Definitions 10 Meaning of associated with 11 Meaning of Australian waters 12 Meaning of coastal waters of a State or the Northern Territory 13 Meaning of Commonwealth waters 14 Meaning of Dutch shipwreck 15 Meaning of underwater cultural heritage Part 2—Protected underwater cultural heritage Division 1—Underwater cultural heritage 16 Underwater cultural heritage that is automatically protected 17 Underwater cultural heritage that may be declared to be protected 18 Underwater cultural heritage outside Australian waters that may be declared to be protected 19 Underwater cultural heritage that may be provisionally declared to be protected Division 2—Protected zones 20 Declaring a protected zone 21 Varying and revoking protected zone declaration Division 3—Other matters 22 Criteria relating to heritage significance Part 3—Regulation of protected underwater cultural heritage Division 1—Permits relating to protected underwater cultural heritage 23 Permits relating to protected underwater cultural heritage 24 Permits are subject to conditions 25 Varying permits 26 Suspending and revoking permits 27 Transfer of permits 28 Breach of conditions of permit Division 2—Regulation of activities relating to protected underwater cultural heritage 29 Certain conduct within a protected zone prohibited without a permit 30 Conduct having an adverse impact on protected underwater cultural heritage prohibited without a permit 31 Possession etc. of protected underwater cultural heritage prohibited without a permit 32 Supplying, or offering to supply, protected underwater cultural heritage prohibited without a permit 33 Advertisements for sale of protected underwater cultural heritage must include permit number 34 Importing protected underwater cultural heritage prohibited without a permit 35 Exporting protected underwater cultural heritage prohibited without a permit 36 Importing underwater cultural heritage of a foreign country prohibited without a permit 37 Requirement to produce permits 38 Minister may ascertain location of protected underwater cultural heritage 39 Minister may give directions about custody etc. of protected underwater cultural heritage 40 Discovery of certain underwater cultural heritage must be notified Part 4—Compliance and enforcement Division 1—Regulatory powers 41 Monitoring powers 42 Investigation powers 43 Civil penalty provisions 44 Infringement notices 45 Enforceable undertakings 46 Injunctions Division 2—Forfeiture 47 Court may order forfeiture Part 5—Other matters 48 Register of underwater cultural heritage 49 Review of decisions 50 Declaration of ownership of specified Dutch shipwrecks and associated articles 51 Declaration of ownership of other underwater cultural heritage 52 Ownership of, and sovereignty in, remains of Australian defence vessels etc. 53 Compensation for acquisition of property 54 Certificate by Minister to be evidence 55 Contravening offence or civil penalty provisions 56 Delegation of Minister's powers 57 Delegation of Secretary's powers 58 Approved forms 59 Arrangements for States and the Northern Territory to carry out certain functions 60 Appointment of inspectors 61 Underwater Cultural Heritage Rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history